Odysseus, Avocados, and Election Litigation Timing

MICHAEL C. DORF

Cornell law professor Michael C. Dorf explains the legal concepts of ripeness and laches, which pertain to the timing of filing a lawsuit, and argues that in the context of election lawsuits, it is far better for courts to relax ripeness rules and risk unnecessary adjudications than to discard the doctrine of laches and risk widespread disenfranchisement and the undermining of confidence in fair elections.

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Brader v. Biogen Inc.

Docket: 19-1268

Opinion Date: December 18, 2020

Judge: Ojetta Rogeriee Thompson

Areas of Law: Civil Rights, Labor & Employment Law

The First Circuit affirmed the order of the district court granting summary judgment to Defendant on Plaintiff's claims of disability discrimination and retaliation, in violation of the Americans with Disabilities Act, 42 U.S.C. 12101-12213 (ADA), and Mass. Gen. Laws ch. 151B, 4, holding that the material facts did not raise a reasonable inference of employment discrimination under state or federal law. After Defendant was terminated from his employment he filed an employment and retaliation complaint under the ADA and Chapter 151B. The district court determined that the undisputed material facts did not raise a reasonable inference that Defendant discriminated or retaliated against Plaintiff because of his disability. The First Circuit affirmed, holding that Plaintiff did not produce sufficient evidence to survive summary judgment on his claims.

Abernathy v. Anderson

Docket: 19-1880

Opinion Date: December 18, 2020

Judge: Per Curiam

Areas of Law: Civil Rights

The First Circuit affirmed the order of the district court granting summary judgment on Plaintiff's deliberate indifference claim brought under 42 U.S.C. 1983 against Krystal Anderson, a nurse at Souza-Baranowski Correctional Center (SBCC), where Plaintiff was an inmate, holding that the district court correctly granted summary judgment for Anderson. In his complaint, Plaintiff alleged that Anderson's failure to assess and treat his alleged medical needs, as well as her refusal to administer his medication, caused him physical pain, fear, and anxiety. The district court granted summary judgment for Anderson on all claims. The First Circuit affirmed, holding that Plaintiff failed to establish a triable issue that he had a serious medical need to which Anderson was indifferent.

Massachusetts Department of Telecommunications & Cable v. Federal Communications Commission

Docket: 19-2282

Opinion Date: December 18, 2020

Judge: Saris

Areas of Law: Communications Law, Government & Administrative Law

The First Circuit denied the petition for review filed by the Massachusetts Department of Telecommunications and Cable (MDTC) challenging the FCC's determination that the cable system operated by Charter Communications, Inc. in Massachusetts was subject to "effective competition" in its franchise areas under the statutory Local Exchange Carrier (LEC) test, Telecommunications Act of 1996, 301(b)(3)(C), 47 U.S.C. 543(1)(1)(D), holding that the FCC did not act arbitrarily and capriciously. In 2018, Charter, a cable operator, sought a determination that it faced effective competition in its franchise areas in Massachusetts and Kauai, Hawaii because the availability of DIRECTV NOW in those franchise areas constituted effective competition under the LEC test. The FCC granted Charter's petition. The First Circuit affirmed, holding that the FCC's findings were not arbitrary and that the FCC properly interpreted its regulations and acted reasonably.

Performance Trans., Inc. v. General Star Indemnity Co.

Docket: 20-1022

Opinion Date: December 18, 2020

Judge: Sandra Lea Lynch

Areas of Law: Contracts, Insurance Law

The First Circuit reversed the order of the district court granting summary judgment in favor of General Star Indemnity Company, the excess insurer of Performance Trans., Inc. and Utica Mutual Insurance Company (collectively PTI) in this Massachusetts breach of contract and unfair and deceptive insurance practices action under Mass. Gen. Laws ch. 93A, 11, holding that the district court erred in finding the relevant excess policy provisions unambiguously excluded coverage. In 2019, a PTI tanker-truck spilled approximately 4,300 gallons of gasoline, diesel fuel, and dyed diesel fuel onto the roadway and into a nearby reservoir. After cleanup costs exceeded PTI's primary insurance limit, PTI made a claim with General Star under the excess liability policy. General Star disclaimed any coverage obligation. When this suit was brought, the district court granted summary judgment in favor of General Star on the breach of contract claim and dismissed the chapter 93A, section 11 claim with prejudice. The First Circuit reversed, holding (1) the excess policy was ambiguous; and (2) because ambiguity in the policy must be construed in favor of the insured, coverage was available to PTI.

Marquez-Paz v. Barr

Docket: 19-2230

Opinion Date: December 18, 2020

Judge: Boudin

Areas of Law: Government & Administrative Law, Immigration Law

The First Circuit denied Petitioner's petition for review of the decision of the Board of Immigration Appeals (BIA) denying his applications for asylum, withholding of removal, and protection under the United Nations Convention Against Torture (CAT), holding that Petitioner was not entitled to relief. After the Department of Homeland Security initiated removal proceedings against him Petitioner conceded removability but cross-applied for asylum, withholding of removal, and protection under CAT. The immigration judge denied the petition, determining, as relevant to this appeal, that Petitioner suffered no persecution and that any alleged persecution was not caused by his membership in a particular social group. The BIA affirmed. The First Circuit affirmed, holding that Petitioner's claim failed because he did not prove a nexus between the alleged persecution and a statutorily protected ground.

Laureano-Quinones v. Nadal-Carrion

Docket: 19-1139

Opinion Date: December 18, 2020

Judge: David J. Barron

Areas of Law: Medical Malpractice

The First Circuit affirmed the district court's grant of summary judgment to Defendant Dr. Richard Nadal Carrion on Plaintiff's claims for negligently failing to obtain Plaintiff's informed consent before performing an abdominoplasty surgery and negligently abandoning her thereafter, holding that Plaintiff's challenges failed. Plaintiff filed her complaint in the District of Puerto Rico following her abdominoplasty, alleging that Nadal failed to disclose and discuss the risks of the surgery and that Nadal conditioned a necessary corrective procedure on her signing a consent form that she considered unacceptable. The magistrate judge granted Nadal's motion for summary judgment on the ground that Plaintiff had failed to provide expert testimony to support her claims. The judge then denied Plaintiff's motion for reconsideration. The First Circuit affirmed, holding that the district court did not err in granting summary judgment to Nadal and denying Plaintiff's motion for reconsideration.